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What to Expect from Your Carlsbad Personal Injury Lawyer During Discovery

This entry was posted on Wednesday, August 19th, 2015

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Carlsbad Personal Injury Lawyer Man In HospitalPrior to filing a lawsuit on your behalf, your Carlsbad personal injury lawyer should go over the two most likely outcomes of doing so. In some instances, personal injury lawsuits result in settlement offers. However, it’s far more common for the defense to file an answer of its own and to proceed to the discovery phase. Unfortunately, that’s where many personal injury lawsuits go awry. Experienced, talented personal injury lawyers send discovery requests to their clients before their suits are even filed. Clients are typically asked to answer each and every question as thoroughly as possible. By doing this, an attorney can gauge how likely it will be for the defense to send similar documents and requests to their client upon filing the lawsuit. Put simply, this is an effective way to confirm whether or not a personal injury suit has potential or if it’s likely to fall apart in court. Personal injury cases often fail to get anywhere because lawyers file clients’ lawsuits, receive discovery information, ask for repeated extensions, and then, finally, discover that their clients’ answers are damaging to their cases. For instance, prior worker’s compensation claims are revealed, or pre-existing medical conditions or injuries come to light. Unfortunately, plaintiffs often forget or deliberately fail to provide potentially damaging information to their attorneys before their lawsuits are filed. Inevitably, such non-disclosed issues are brought to light during discovery. Insurance providers and defense attorneys are all too familiar with this, which is why insurance companies often offer paltry settlements for lawsuits involving very expensive medical bills. They know that defense attorneys will most likely uncover issues during discovery. Knowing that plaintiffs often withhold potentially damaging information or that their lawyers might fail to share it, they actively work to collect records from every provider and source. Oftentimes, records as far back as 10 years or more are pulled. Through interrogatories during the discovery phase, the defense can assess how strong your personal injury case is by asking your attorney to provide photos, theories of liability, witnesses and other pertinent information. Thus, discovery by the defense team almost always hurts personal injury plaintiffs’ cases. With this in mind, a skilled personal injury attorney will get everything out on the table long before a suit is filed.

Hire an Experienced Carlsbad Personal Injury Lawyer

If you were injured due to someone else’s negligence, the success of your lawsuit is not a foregone conclusion. The help of a skilled Carlsbad personal injury lawyer is crucial, and you can get the help you need by contacting George Charles Heppner, a San Diego personal injury attorney, at (619) 235-4300 today.